City of Batavia, NY: Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Those areas designated "C" on the City of Batavia Zoning Map.

Any occurrence or circumstance involving actual or imminent physical or property damage which demands immediate attention.

EMERGENCY WARNING DEVICE

Any sound signal device that is to warn of an emergency.

NOISE

Any undesirable audible sound.

RESIDENTIAL

Those areas designated "R" on the City of Batavia Zoning Map.

SOUND

Any oscillation in pressure, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of the medium.

SOUND REPRODUCTION DEVICE

Any device that is designed to be used or is actually used for the reproduction of sound, including but not limited to any amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device.

VEHICLE

Any land or amphibian conveyance propelled by either an internal source or self-propelled.

WEEKDAY

7:00 a.m. Monday to 10:00 p.m. Friday.

WEEKEND

10:00 p.m. Friday to 7:00 a.m. Monday.

WEIGHTED SOUND LEVEL dB(A)

The sound-pressure level in decibels as measured on a sound-level meter using the A-weighted network. The level so read is designated dB(A).

§ 120-2 Purpose.

The purpose of this chapter is to preserve, protect and promote the public health, safety and welfare and to foster peace and quiet in the City. To this end, no person shall willfully make or continue, or cause to be made or continued, any noise that a reasonable person of normal sensitivities would find to be unnecessary, loud, disturbing, annoying or excessive.

§ 120-3 Violations.

The following acts are declared to be a violation of this chapter and to constitute unreasonable noise:

Any domestic animal which produces 15 minutes of frequent noise between the hours of 10:00 p.m. and 7:00 a.m. and 30 minutes of frequent noise between 7:00 a.m. and 10:00 p.m. in residential zones.

Erection, alteration or repair of any building or structure in a residential zone between 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on weekends, except in case of urgent necessity or in the interest of public safety.

Use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any business. This does not include businesses that legally sell goods from vehicles during the day.

Any noise made by an individual with the intent to cause public inconvenience, annoyance or alarm or recklessly create a risk thereof.

Noise generated in a residential zone from any sound reproduction system operating or playing, any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound that crosses a property line at 55 db(A) or above from 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and at 50 db(A) or above from 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m. on weekends.

Noise generated in any commercial zone from any sound reproduction system operating or playing, any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound that crosses a property line at 70 db(A) or above from 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and at 60 db(A) or above from 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m. on weekends. This excludes outdoor entertainment such as bands performing before 12:00 a.m.

Operation of power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on weekends.

Sounding of any horn or signaling device on or in any vehicle for any unnecessary or unreasonable period of time.

Any other excessive or unusually loud sound which either annoys disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities.

§ 120-4 Exceptions.

The provisions of this chapter shall not apply to:

Any sound emitted for the purpose of alerting people of any emergency.

Any sound emitted in the performance of correcting an emergency.

Sounds created by any government agency by the use of public warning devices or associated with the delivery of municipal services.

Sounds created by church bells or chimes.

Sounds connected with any sporting event.

Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration or event or individually sponsored event where a permit or other relevant permission has been obtained from the City.

Noise generated by the installation and maintenance of utilities.

Residential, commercial and car alarms.

Activities conducted for the purpose of managing snow, including but not limited to the operation of snow blowers.

§ 120-5 Variances.

Where the City Council finds that practical difficulties or unnecessary hardship would result from strict compliance with these regulations, it may grant special variances for limited times and purposes. The City Council may require such conditions as will, in its judgment, secure the objectives of this chapter. An application for a special variance is to be submitted to the City of Batavia Code Enforcement Officer and forwarded to City Council. The application must include the following:

(1)

An application fee in an amount as set from time to time by resolution of the City Council.

[Amended 6-25-2001 by L.L. No. 1-2001]

(2)

The characteristics of the sound and vibration emitted by the source, including but not limited to the sound levels and the days and hours during which such vibration and sound would be generated and any other information pertinent to the source of sound and vibration.

(3)

Any noise abatement and control methods that may be used to restrict the emission of the sound and vibration.

(4)

The name and address of the applicant and the applicant's agent, if any, and whether the applicant is the owner, lessee, licensee, etc., of the premises.

The City shall give notice of the application by regular mail to all owners surrounding the sound source site within a radius of 500 feet from the borders of said site.

§ 120-6 Process.

Upon prior reasonable public notice, the City Council shall hold a public hearing on the special variance application. Upon reviewing all input from the public hearing and obtaining any additional information or data deemed necessary, the City Council shall decide on the special variance application. The decision shall be transmitted to the City Clerk, who will advise the applicant by transmitting a copy of the application to the applicant, with the decision and conditions, if any.

§ 120-7 Proof.

The applicant or his agent shall have readily available the approved special variance at the location or site for which the variance has been issued and shall show same to any agent of the City of Batavia whenever requested.

§ 120-8 Penalties for offenses.

[Amended 6-25-2001 by L.L. No. 1-2001; 10-15-2002]

Any person found violating any provision of this chapter or any condition imposed by the City Council except with an approved special variance shall be guilty of an offense and upon conviction thereof shall be punished by a fine and/or up to 15 days' imprisonment. Fines for each offense shall be not less than $50 nor more than $250.